Chapter III FEES IN OTHER COURTS AND IN PUBLIC OFFICES

Fees on documents filed etc. in Mufassil Courts or in public offices.-No document of any of the kinds specified as chargeable in the first or second Schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.

Computation of fees payable in certain suits.-The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows :-

1. (i) for money.-In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)-according to the amount claimed ;
2. (ii) for maintenance and annuities.-In suits for maintenance and annuities or other sums payable periodically-according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year;
3. (iii) for other movable property having a market-value.-In suits for movable property other than money, where the subject-matter has a market-value-according to such value at the date of presenting the plaint.
4. (iv) In suits-

1. (a) for movable property of no market-value.-for movable property where the subject-matter has no market-value, as, for instance, in the case of documents relating to title,
2. (b) to enforce a right to share in joint family property.-to enforce the right to share in any property on the ground that it is joint family property, (this does not apply to a suit for partition by metes and bounds),
3. (c) for a declaratory decree and consequential relief.-to obtain a declaratory decree or order where consequential relief is prayed,
4. (d) For an injunction.-to obtain an injunction,
5. (e) for easements.-for a right to some benefit (not herein otherwise provided for) to arise out of land, and
6. (f) for accounts.-for accounts- according to the amount at which the relief sought is valued in the plaint or memorandum of appeal. In all such suits the plaintiff shall state the amount at which he values the relief sought.
   • (v) for possession of lands, houses and gardens.-In suits for the possession of land, houses and gardens-according to the value of the subject-matter ; and such value shall be deemed to be- where the subject-matter is land, and-
7. (a) Omitted,
8. (b) where the land forms an entire estate or a definite share of an estate, paying annual revenue to Government or forms part of such estate and is recorded as separately assessed with such revenue ;--eight times the revenue so payable.
9. (c) where the land pays no such revenue, or has been partially exempted from such payment, is a Jagir or a dharmarth property or is charged with any fixed payment in lieu of such revenue, and net profits have arisen from the land during the year next before the date of presenting the plaint-fifteen times such net profit : but where no such net profits have arisen therefrom--the amount at which the Court shall estimate the land with reference to the value of similar land in the neighbourhood,
10. (d) where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and is not separately assessed-the market-value of the land, Explanation,-The word "estate" as used in this paragraph, means any land subject to the payment of revenue for which the proprietor or farmer or raiyat shall have executed a separate engagement to Government, or which, in the absence of such engagement, shall have been separately assessed with revenue,
11. (e) for houses and gardens.-where the subject-matter is a house or garden-according to the market-value of the house or garden ;
    • (vi) to enforce a right of pre-emption.-In suits to enforce a right of pre-emption-according to the value (computed in accordance with paragraph v of this section) of the land, house or garden in respect of which the right is claimed :
    • (vii) for interest of assignee of land revenue.-In suits for the interest of an assignee of land revenue-fifteen times his net profit as such for the year next before the date of presenting the plaint: In suits for Haq-i-Lambardari maqaddymi or a similar right-eight times the income of the Haq or right,
    • (viii) to set aside an attachment.-In suits to set aside an attachment of land or of an interest in land or revenue-according to the amount for which the land or interest was attached : Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest.
    • (ix) to foreclose.-In suits against a mortgagee for the recovery of the property mortgaged, and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute-according to the principal money expressed to be secured by the instrument of mortgage.
    • (x) for specific performance.-In suits for specific performance-
12. (a) of a contract of sale-according to the amount of the consideration :
13. (b) of a contract of mortgage-according to the amount agreed to be secured :
14. (c) of a contract of lease-according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term :
15. (d) of an award-according to the amount or value of the property in dispute :
    • (xi) Between landlord and tenant.-In the following suits between landlord and tenant :-
16. (a) for the delivery by a tenant of the counter-part of a lease,
17. (b) to enhance the rent of a tenant having a right of occupancy,
18. (c) for the delivery by a landlord of lease,
19. (cc) for the recovery of immovable property from a tenant including a tenant holding over after the determination of a tenancy,
20. (d) to contest a notice of ejectment,
21. (e) to recover the occupancy of immovable property from which tenant has been illegally ejected by the landlord, and
22. (f) for abatement of rent-according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date presenting the plaint.

Fee on memorandum of appeal against order relating to compensation.-The amount of fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of land for public purposes shall be computed according to the difference between the amount awarded and the amount claimed by the appellant.

Power to ascertain net profits or market-value.-If the Court sees reason to think that the annual net profits or the market-value of any such land, house or garden as is mentioned in section 7, paragraphs 5 and 6, have or has been wrongly estimated, the Court may, for the purpose of computing the fee payable in any suit therein mentioned, issue a commission to any proper person directing him to make such local or other investigation as may be necessary, and to report thereon to the Court.

Procedure where net profits or market-value wrongly estimated.-

1. (i) If in the result of any such investigation the Court finds that the market-value has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee : but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so much additional fee as would have been payable had the said market-value or net profits been rightly estimated.
2. (ii) In such case the suit shall be stayed until the additional fee is paid.

Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed Procedure in suits for mesne profits or account when amount decreed exceeds amount claimed.-In suits for mesne profits or for immovable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer.

Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid.

If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed :

Provided that, in suits under the Agriculturists Relief Act, 1983, the decree shall be executed to the extent of the amount of the instalments which have become due on payment of the additional court-fee, if any, which is found payable when calculated on the amount for which execution is sought.

Decision of questions as to valuation.-(i) Every question relating to valuation for the purpose of determining the amount of any fee chargeable under this Chapter on a plaint or memorandum of appeal shall be decided by the Court in which such plaint or memorandum, as the case may be, is filed, and such decision shall be final as between the parties to the suit.

1. (ii) But whenever any such suit comes before a Court of appeal, reference or revision, if such Court considers that the said question has been wrongly decided to the detriment of the revenue, it shall require the party by whom such fee has been paid to pay so much additional fee as would have been payable had the question been rightly decided, and the provisions of section 10, paragraph (ii), shall apply.

Refund of fee paid on memorandum of appeal.-If an appeal or plaint which has been rejected by the lower Court on any of the grounds mentioned in the Code of Civil Procedure, is ordered to be received, or if a suit is remanded in appeal, on any of the grounds mentioned in Order XLI Rule 23 of the same Code for a second decision by the lower Court, the Appellate Court shall grant to the appellant a certificate, authorising him to receive back from the Collector the full amount of fee paid on the memorandum of appeal :

Provided that if, in the case of a remand in appeal, the order of remand shall not cover the whole of the subject-matter of the suit, the certificate so granted shall not authorise the appellant to receive back more than so much fee as would have been originally payable on the part or parts of such subject-matter in respect whereof the suit has been remanded.

Refund of fee on application for review of judgment.-Where an application for a review of judgment is presented on or after the ninetieth day from the date of the decree, the Court, unless the delay was caused by the applicant's laches, may, in its discretion, grant him a certificate authorising him to receive back from the Collector so much of the fee paid on the application as exceeds the fee which would have been payable had it been presented before such day.

Refund where Court reverses or modifies its former decision on ground of mistake.-Where an application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorising him to receive back from the Collector so much of the fee paid on the application as exceeds the fee payable on any other application to such Court under the second Schedule to this Act No. 1, clause (b), [or clause (c)].

But nothing in the former part of this section shall entitle the applicant to such certificate where the reversal or modification is due, in any way, to fresh evidence which might have been produced at the original hearing.

16.

Multifarious suits Multifarious suits.-Where a suit embraces two or more distinct subjects, the plaint or memorandum of appeal shall be chargeable with the aggregate amount of the fees to which the plaints or memoranda of appeal in suits embracing separately each of such subjects would be liable under this Act.

Written examinations of complainants Written examinations of complainants.-When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police officers may arrest without a warrant, and who has not already presented a petition on which a fee has been levied under this Act is reduced to writing under the provisions of the Code of Criminal Procedure, the complainant shall pay a fee of 3 rupees, unless the Court thinks fit to remit such payment.

Exemption of certain documents.-Nothing contained in this Act shall render the following documents chargeable with any fee:

1. (i) Power of attorney to institute or defend a suit when executed by an officer, warrant-officer, non-commissioned officer or private of [the Government's] army not in civil employment.
2. (ii) Omitted.
3. (iii) Written statements called for by the Court after the first hearing of a suit.
4. (iv) Omitted.
5. (v) Omitted.
6. (vi) Omitted.
7. (vii) Omitted.
8. (viii) Probate of a will, letters of administration, where the amount or value of the property in respect of which the probate or letter or certificate shall be granted does not exceed one thousand rupees.
9. (ix) Application or petition to a Collector or other officer making a settlement of land revenue or to the Revenue Minister, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement. (ix-a) Applications, appeals to the Income Tax Department in proceedings relating to assessment of Income Tax or objections thereto.
10. (x) Application relating to a supply for irrigation of water belonging to Government.
11. (xi) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently.
12. (xii) Application for service of notice of relinquishment of land or of enhancement of rent.
13. (xiii) Written authority to an agent to distrain.
14. (xiv) First application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document, or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court.
15. (xv) Bail-bonds in criminal cases, recognizances to prosecute or give evidence, and recognizances for personal appearance or otherwise.
16. (xvi) Petition, application, charge or information respecting any offence when presented, made or laid to or before a police officer. (xvi-a) Petition in a criminal case in which the Police may arrest without warrant. (xvi-b) Copy to which article 9 of the first Schedule of this Act applies furnished to an accused person in a warrant case.
17. (xvii) Petition by a prisoner, or other person in duress or under restraint of any Court or its officers. (xviii) Complaint of a public servant (as defined in the Ranbir Penal Code) a municipal officer or of an official act in water Bird and Animals Game Protection Rules or breach of such rules.
18. (xix) Application for permission to cut timber in Government forests, or otherwise relating to such forests.
19. (xx) Application for the payment of money due by Government to the applicant.

1. (xxi) Omitted.
2. (xxii) Application for compensation under any law for the time being in force relating to the acquisition of property for public purposes. (xxiii) Omitted.

A. Relief where too high a court-fee has been paid.-Where any person on applying for the probate of a will or letters of administration has estimated the property of the deceased to be of greater value than the same has afterwards proved to be and has consequently paid too high a court-fee thereon, if, within six months after the true value of the property has been ascertained, such person produces the probate or letters to the Revenue Minister,

and delivers to such authority a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation,

and if such authority is satisfied that a greater fee was paid on the probate or letters than the law required,

the said authority may-

1. (a) cancel the stamp on the probate or letters if such stamp has not been already cancelled ;
2. (b) substitute another stamp for denoting the court-fee which should have been paid thereon ; and
3. (c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion.

B. Relief where debt due from a deceased person have been paid out of his estate.--Whenever it is proved to the satisfaction of such authority that an executor or administrator has paid debts due from the deceased to such an amount as, being deducted out of the amount or value of the estate, reduces the same to a sum which, if it had been the whole gross amount or value of the estate, would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act, such authority may return the difference, provided the same be claimed within three years after the date of such probate or letters. But when, by reason of any legal proceedings, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said authority may allow such further time for making the claim as may appear to be reasonable under the circumstances.

Exemption of certain documents.-Nothing contained in this Act shall render the following documents chargeable with any fee: (i) Power of attorney to institute or defend a suit when executed by an officer, warrant-officer, non-commissioned officer or private of [the Government's] army not in civil employment. (ii) Omitted. (iii) Written statements called for by the Court after the first hearing of a suit. (iv) Omitted. (v) Omitted. (vi) Omitted. (vii) Omitted. (viii) Probate of a will, letters of administration, where the amount or value of the property in respect of which the probate or letter or certificate shall be granted does not exceed one thousand rupees. (ix) Application or petition to a Collector or other officer making a settlement of land revenue or to the Revenue Minister, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interests therein, if presented previous to the final confirmation of such settlement. (ix-a) Applications, appeals to the Income Tax Department in proceedings relating to assessment of Income Tax or objections thereto. (x) Application relating to a supply for irrigation of water belonging to Government. (xi) Application for leave to extend cultivation, or to relinquish land, when presented to an officer of land revenue by a person holding, under direct engagement with Government, land of which the revenue is settled, but not permanently. (xii) Application for service of notice of relinquishment of land or of enhancement of rent. (xiii) Written authority to an agent to distrain. (xiv) First application (other than a petition containing a criminal charge or information) for the summons of a witness or other person to attend either to give evidence or to produce a document, or in respect of the production or filing of an exhibit not being an affidavit made for the immediate purpose of being produced in Court. (xv) Bail-bonds in criminal cases, recognizances to prosecute or give evidence, and recognizances for personal appearance or otherwise. (xvi) Petition, application, charge or information respecting any offence when presented, made or laid to or before a police officer. (xvi-a) Petition in a criminal case in which the Police may arrest without warrant. (xvi-b) Copy to which article 9 of the first Schedule of this Act applies furnished to an accused person in a warrant case. (xvii) Petition by a prisoner, or other person in duress or under restraint of any Court or its officers. (xviii) Complaint of a public servant (as defined in the Ranbir Penal Code) a municipal officer or of an official act in water Bird and Animals Game Protection Rules or breach of such rules. (xix) Application for permission to cut timber in Government forests, or otherwise relating to such forests. (xx) Application for the payment of money due by Government to the applicant. (xxi) Omitted. (xxii) Application for compensation under any law for the time being in force relating to the acquisition of property for public purposes. (xxiii) Omitted.

Whenever a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate. Whenever such a grant has been or is made in respect of any property forming part of an estate, the amount of fees then actually paid under this Act shall be deducted when a like grant is made in respect of property belonging to the same estate, identical with or including the property to which the former grant relates.

19D. Probates declared valid as to trust-property though not covered by court-fee D. Probates declared valid as to trust-property though not covered by court-fee.--The probate of the will or the letters of administration of the effects of any person deceased heretofore or hereafter granted shall be deemed valid and available by his executors or administrators for recovering, transferring or assigning any movable or immovable property whereof or whereto the deceased was possessed or entitled, either wholly or partially as a trustee, notwithstanding the amount or value of such property is not included in the amount or value of the estate in respect of which a court-fee was paid on such probate or letters of administration.

19E. Provision for case where too low a court-fee has been paid on probate etc E. Provision for case where too low a court-fee has been paid on probate etc.--Where any person on applying for probate or letters of administration has estimated the estate of the deceased to be of less value than the same has afterwards proved to be and has in consequence paid too low a court-fee thereon, the Revenue Minister may, on the value of the estate of the deceased being verified by affidavit or affirmation, cause the probate or letters of administration to be duly stamped on payment of the full court-fee which ought to have been originally paid thereon in respect of such value and of the further penalty, if the probate or letters is or are produced within one year from the date of the grant, of five times, or if it or they is or are produced after one year from such date, of twenty times, such proper court-fee without any deduction of the court-fee originally paid on such probate or letters : Provided that, if the application be made within six months after the ascertainment of the true value of the estate and the discovery that too low a court-fee was at first paid on the probate or letters, and if the said authority is satisfied that such fee was paid in consequence of a mistake or of its not being known at the time that some particular part of the estate belonged to the deceased and without any intention of fraud or to delay the payment of the proper court-fee, the said authority may remit the said penalty and cause the probate or letters to be duly stamped on payment only of the sum wanting to make up the fee which should have been at first paid thereon.

19F. Administrator to give proper security before letters stamped under section F. Administrator to give proper security before letters stamped under section 19-E.--In case of letters of administration on which too low a court-fee has been paid at first, the said authority shall not cause the same to be duly stamped in manner aforesaid until the administrator has given such security to the Court by which the letters of administration have been granted as ought by law to have been given on the granting thereof in case the full value of the estate of the deceased had been then ascertained.

19G. Executors etc. not paying full court-fee on probates etc. within six months after discovery of under payment G. Executors, etc. not paying full court-fee on probates, etc. within six months after discovery of under payment.--Where too low a court-fee has been paid on any probate or letters of administration in consequence of any mistake, or of its not being known at the time that some particular part of the estate belonged to the deceased, if any executor or administrator acting under such probate or letters does not within six months after the discovery of the mistake or of any effect not known at the time to have belonged to the deceased apply to the said authority and pay what is wanting to make up the court-fee which ought to have been paid at first on such probate or letters, he shall forfeit the sum of one thousand rupees and also a further sum at the rate of ten rupees per cent on the amount of the sum wanting to make up the proper court-fee.

19H. Notice of applications for probate or letters of administration to be given to Revenue authorities and procedure thereon H. Notice of applications for probate or letters of administration to be given to Revenue authorities, and procedure thereon.--(1) Where an application for probate or letters of administration is made to any Court other than the High Court, the Court shall cause notice of the application to be given to the Collector.

1. (2) Where such an application as aforesaid is made to the High Court, the High Court shall cause notice of the application to be given to the Revenue Minister.
2. (3) The Collector within the local limits of whose revenue jurisdiction the property of the deceased or any part thereof is, may at any time inspect or cause to be inspected, and take or cause to be taken copies of, the record of any case in which application for probate or letters of administration has been made; and if, on such inspection or otherwise, he is of opinion that the petitioner has under-estimated the value of the property of the deceased, the Collector may, if he thinks fit, require the attendance of the petitioner (either in person or by agent) and take evidence and inquire into the matter in such manner as he may think fit, and, if he is still of opinion that the value of the property has been under-estimated, may require the petitioner to amend the valuation.
3. (4) If the petitioner does not amend the valuation to the satisfaction of the Collector, the Collector may move the Court before which the application for probate or letters of administration was made, to hold an inquiry into the true value of the property : Provided that no such motion shall be made after the expiration of six months from the date of the exhibition of the inventory required by section 98 of the Probate and Administration Act.
4. (5) The Court when so moved as aforesaid, shall hold, or cause to be held an inquiry accordingly, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated. The Collector shall be deemed to be a party to the inquiry.
5. (6) For the purposes of any such inquiry, the Court or person authorised by the Court to hold the inquiry may examine the petitioner for probate or letters of administration on oath (whether in person or by commission), and may take such further evidence as may be produced to prove the true value of the property. The person authorised as aforesaid to hold the inquiry shall return to the Court the evidence taken by him and report the result of the inquiry, and such report and the evidence so taken shall be evidence in the proceeding, and the Court may record a finding in accordance with the report, unless it is satisfied that it is erroneous.
6. (7) The finding of the Court recorded under sub-section
7. (5) shall be final, but shall not bar the entertainment and disposal by the Revenue Minister of any application under section 19-E.
8. (8) [The Government] may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3). 19I. Payment of court-fees in respect of probates and letters of administration I. Payment of court-fees in respect of probates and letters of administration.--(1) No order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the Court a valuation of the property in the form set forth in the third Schedule, and the Court is satisfied that the fee mentioned in No. 11 of the first Schedule has been paid on such valuation.
9. (2) The grant of probate or letters of administration shall not be delayed by reason of any motion made by the Collector under section 19-H, sub-section (4). 19J. Recovery of penalties etc J. Recovery of penalties, etc.--(1) Any excess fee found to be payable on an inquiry held under section 19-H, sub-section (6), and any penalty or forfeiture under section 19-G may, on the certificate of the Revenue Minister, be recovered from the executor or administrator as if it were an arrear of land revenue by any Collector in any part of the State.
10. (2) The Revenue Minister may remit the whole or any part of any such penalty or forfeiture as aforesaid, or any part of any penalty under section 19-E or of any court-fee under section 19-E, in excess of the full court-fee which ought to have been paid. 19K. Sections 6 and 28 not to apply to probates or letters of administration K. Sections 6 and 28 not to apply to probates or letters of administration.--Nothing in section 6 or section 28 shall apply to probates or letters of administration.